AUSTIN, TX — A new Texas law banning the sale and marketing of THC and other hemp-derived cannabinoid vape products took effect Sept. 1, 2025, under Senate Bill 2024. The law makes it a Class A misdemeanor to market or sell vapes containing THC, Delta-8, CBD, or THCA — even if those substances are otherwise legal under state or federal law.
Violators face up to one year in jail and a $4,000 fine. However, the law does not criminalize possession or personal use of the products.
Supporters of the law say it is aimed at preventing youth access to discreet and flavored cannabis vapes, which have reportedly been found in schools. During legislative hearings, teens testified about classmates sneaking THC vapes into bathrooms during class. Advocates including Texans for Safe and Drug-Free Youth and parents of affected minors urged lawmakers to act.
Critics argue the measure could push cannabis users toward the black market and penalize low-level retail employees. State Sen. Molly Cook, D-Houston, was the only senator to vote against the bill. She expressed concern during legislative debate that clerks — not business owners — could be the ones prosecuted under the new law, which classifies violations as a Class A misdemeanor.
Retailers like ATX Organics, an Austin-based cannabis shop, were reportedly clearing out vape inventory ahead of the ban, according to KUT News. The shop, which produces its own hemp and edibles, previously cited quality control and health-conscious practices in its in-house vape manufacturing.
SB 2024 was authored by Sen. Charles Perry, R-Lubbock, a longtime opponent of the recreational cannabis industry. A broader bill he introduced in 2024 to ban all mind-altering cannabinoids was vetoed by Gov. Greg Abbott, who supported increased regulation but opposed full prohibition.
The Texas Senate has since passed a more expansive measure, Senate Bill 6, which seeks to ban nearly all THC products statewide. That legislation is now pending in the Texas House.
The hemp industry in Texas is estimated to employ more than 50,000 people and generate $7 billion in tax revenue annually. However, THC products are slated to be criminalized on Sept. 1.
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